Supervisors approve amendment allowing planning director to update SB 79 exemption tables pending HCD determinations

The San Francisco Board of Supervisors on April 28 voted to adopt an amendment to its SB 79 alternative plan ordinance that permits the Planning Director to administratively remove parcels from tables of permanent or temporary exemptions if the California Department of Housing and Community Development (HCD) later determines those parcels ineligible.

Supervisor Dorsey, who had earlier said he was wary of permanently exempting areas, moved the amendment to preserve the city's alternative plan while giving flexibility to respond to HCD interpretations. Planning staff member Joshua Switzky described the change as an uncodified addition allowing administrative updates to the exemption tables after the city forwards the plan to HCD: "If they determine that any of the parcels ... are not to be eligible, then the planning director can update those tables accordingly to reflect the final determination by HCD, and that we can do that administratively without coming back to the board of supervisors," Switzky said.

Planning Department staff and Supervisor Melgar said the amendment preserves the city's alternative plan timeline and would prevent SB 79 from automatically overriding local zoning while HCD completes its review. "This is clearly a very nuanced and confusing state law," Switzky said. Lisa Gluckstein of the Planning Department added that HCD is still interpreting the statute and that the amendment acknowledges possible changes in HCD guidance.

Supervisor Chan explained that while he had proposed a resolution opposing SB 79, he would support the amendment to keep the alternative plan moving: "I will be in support of it ... it's not because I think the language is perfect, but to preserve the plan and provide flexibility." The board approved the amendment on a roll call (9 ayes, 1 no with Supervisor Chan voting no on the amendment vote) and then passed the ordinance as amended (10 ayes) on first reading.

Why it matters: SB 79 sets statewide upzoning rules near transit; San Francisco's alternative plan and the approved amendment aim to preserve local zoning discretion while meeting state certification requirements. The amendment creates an administrative path to align city exemption tables with final HCD determinations without delaying certification ahead of SB 79's effective date.

Next steps: The Planning Department will forward the alternative plan to HCD for review and may administratively adjust exemption tables if HCD deems parcels ineligible; any additions that increase density would still require board approval.